starting eviction but asking for only posession at this time

10 Replies

A check was deposited in my account by a friend of my tenant to cover her rent - this check bounced.  This account the check was written on was opened just prior to the deposit and the funds were never available - check fraud - over $1000 also.  How do I go after this bad check - the bank it was written on states it was an obvious case of "Intent to fraud" - but will not give me the name of the person ( starter check) - any info would be appreciated.

You'll have to press charges though the police dept, from what I understand.

Normally, you can only sue the tenant for your actual out-of-pocket expenses for the bad check in civil court, and of course, start eviction for nonpayment of rent.

The person that deposited the check is not a tenant and it was a starter check - we do not have a name and bank does not want to disclose this - I need this information to press charges at police dept and follow with suit in court system- feel like I am caught in the middle

Thank you - I will tomorrow

@Pat P. That really sucks, but it happens and I hate to add salt to the wound, but seriously, you've got your work cut out for you on this one.  The problem I've had with getting any traction on check fraud or pressing charges against somebody using bad or stolen checks is a jurisdiction fingerpointing game from the police.  Unless all parties lives in the same town or county, and / or you have unified county or state police, and everything took place within those corresponding boundaries, any police dept. is going to point the finger to another city's police department to deal with it - because it's a pain in the butt.

example - the branch that issued the starter check is in town A, your rental is in town B, you received the check at your home in town C, written to your LLC which is registered with a registered agent in town D. Who get's to deal with it? Probably nobody but you.

It totally sucks.  No easy solution to this one

You could go after the tenant - they're the one responsible for the rent anyways, and you know who the tenant is.  Tell him/her you're going to file a complaint and take them to small claims - and then you need to go and file the complaint immediately.  I'll bet your tenant will serve up that name pretty quick after getting the summons. 

Blair Poelman, Broker in Utah (#9299425)

I believe its a felony when its over either $250 or maybe $500. Definitely something to look into but either way start eviction process now.

It is a felony when either over $500 or you can prove intent to fraud - with never having enough funds in account is enough.  I have started the 7 day - meeting with attny today - the check might be a seperate issue I do believe. Thank you

On May 8th I received a judgement for posession - they now have 10 days before the bailiff will physically evict them if necessary - I have also filed a police report - I will update as I know - any info sure would help.

To update: on the day I received a judgement for the eviction, I decided the timing was good to take the check to the police station to make a fraud report on the NSF check I received from tenants friend for her rent.  At first they believed it was a civil case untill I explained the 4 reasons why it is a fraud case which needed to be persued.  They agreed and took the case - they have had the case a week now and I get a call from the detective for the secondtime, and this time he is telling me that the person who wrote the check is coming into the police station next week to pay the $1075 check,  The officer said sometimes the threat of a warrant and 90 days in jail along with a ticket, sometimes changes their minds.  I have heard the promises for weeks but I certainly hope this is true.  This will offset some of my losses so far but I still have to sue in small claims court for the rest that is owed - bad part is I have no present address for the tenant since she moved a few days ago.  Is this important at this time or no???

Thank you so much ahead of time - this first eviction process surely has been a learning experience... Due Diligence trumps All - my new motto  :)

Do you know where she works?  You could have her served at work.  If not, you could hire a process server to find her.

You can also hire a collection agency if you don't want to deal with it.  Just Google "landlord collection agency" and a few will pop up.

Join the Largest Real Estate Investing Community

Basic membership is free, forever.